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(영문) 수원지방법원 2016.04.07 2016노815
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the Defendant and his defense counsel (unfair sentencing) reflects the Defendant’s wrongness; (b) the Defendant, who is difficult to take family circumstances, believed to take part in the instant crime; (c) the Defendant was able to obtain money if he were to engage in the instant crime; (d) the degree of participation in the instant crime was low; (c) the Defendant did not have any profit gained from the instant crime; (d) the Defendant voluntarily surrenders the Defendant; and (e) equity with the punishment imposed by other accomplices, the lower court’s sentence that sentenced one year and six months of imprisonment is too unreasonable.

2. The judgment of the defendant reflects the wrong, and does not lead the crime of this case overall, and it seems that the actual gains from the crime of this case are not high.

The Defendant, by himself, was able to enter Korea.

그러나 이 사건 범행은 이른바 ‘ 보이스 피 싱’ 범죄로 그 수법이 조직적 계획적 지능적이어서 죄질이 나쁠 뿐만 아니라 단기간에 불특정 다수의 피해자를 양산할 수 있어 사회적 해악도 크다.

The defendant intends to give a loan to the victims by calling for a telephone.

Since a direct deception, such as deceiving, was carried out, the degree of participation in the crime is not easy.

The Defendant committed the instant crime during the period of repeated crime after having been sentenced to a maximum term of two years, a short term of one year and six months, and completed the execution of imprisonment on February 24, 2011.

The amount of fraud reaches 73 million won in total, and the recovery of damage has not been properly made except that which has been partly compensated by accomplices.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, and degree of punishment against accomplices, the above assertion is without merit.

3. The appeal by the defendant is justified.

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